JAI RAM Vs. SOM PRAKASH

JUDGEMENT

(1.) Leave granted.

(2.) Briefly stated the facts of the case are that one Satwanti Devi was the absolute owner of the property in question i.e., a single storied building situated in Bagh Rao Ji, Khasra No. 157/48-51/2, Block A/68, Double Phatak Road, Delhi. She executed a registered will dtd. 1/1/1991 in favour of Som Prakash (the respondent No.1 herein), her nephew. However, it is alleged that this will dtd. 1/1/1991 was subsequently revoked through a registered revocation deed dtd. 26/9/1995. Thereafter, Satwanti Devi is said to have executed another will on 30/1/1996 in favour of Jai Ram (the appellant herein), who was a tenant in the property in question. Satwanti Devi passed away issueless on 30/12/1996.

(3.) Thereafter, respondent No.1 filed a civil suit in Suit No. 91 of 1997 seeking the relief of permanent injunction against the appellant herein in respect of the property in question which was subsequently dismissed as withdrawn. In the meantime, the appellant filed a Probate Petition bearing No. 136 of 1997 on the basis of the will dtd. 30/1/1996 and the same was dismissed for default.